Terms & Conditions
01 Terms of Business
You here by authorise us to act as your Sole Selling Agents and you also grant us Sole Selling Rights from the date of this Agreement. This Sole Agency Agreement and Sole Selling Rights Agreement will be for a minimum of 16 weeks and shall be subject to the termination period here in after referred to. If an offer for your property is accepted by you and results in a concluded sale, the selling fee is payable in addition to any other costs or charges agreed. During the period of this Sole Agency Agreement and Sole Selling Rights Agreement such a selling fee must be paid, regardless of how the buyer is introduced to the property, whether by another agent, or any other person, orby the clients own efforts, whether instigated prior to or during the term ofthis Sole Agency Agreement and sole selling rights agreement or any thirdparty, who so ever that may be.
All offers from the date of this Sole Agency Agreement and Sole Selling Rights Agreement must be submitted to Tailormade Moves Ltd. All negotiations will be entered into on a ‘subject to conclusion of missives’ basis unless otherwise here in stated. In the event that missives are concluded but the transaction is not completed for any reason, acommission will still be due and payable.
02 Ready, Willing and Able Purchaser
In the event that the vendor has agreed a sale price and date of entry but missives have not concluded as a result of the vendor deciding subsequently not to conclude missives then, subject to the discretion of Tailormade Moves Ltd, the aforesaid commission will be payable.
03 Our Charges
The commission you pay us is calculated in accordance with the Confirmation of Terms and Conditions contained here in and is based on the total value of the transaction including the price of fixtures and fittings. This will also include any other goods orproperty put forward by the buyer to satisfy all or part of the transaction. You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, where missives for the sale of the property are concluded in the period during which we have sole rights, even if the purchaser was not found by us but by another person, including yourself and if missives for the sale of the property are concluded after expiry of the period during which we have sole selling rights but to a purchaser who was introduced to you during the period or with whom we had negotiations about the property during that period. The amount charged will be the percentagerate or the specified amount shown here in, subject to any minimum amount detailed. VAT at the current rate will be added to our commission and to any other costs and charges which are agreed and included in the account.
04 Marketing Plan
We will carry out additional advertising or marketing of the property as agreed, verbally or in writing, and charges willbe payable whether or not we sell the property. Where applicable these costs are shown in Form 1B. At regular intervals, if applicable, we will send you accounts which must be settled inadvance or within 10 days if agreed. In accordance with the normal commercial practice, any discounts received from suppliers are property of Tailormade Moves Ltd.
05 When Charges are Payable
We will submit our account to your solicitor/conveyancer when an offer has been submitted and accepted. You will authorise your solicitor/conveyancer to make payment of settlement by signing the attached mandate. The solicitor/conveyancer as specified in theclient mandate or any other solicitor/conveyancer appointed by the principalsare on the intimation of a copy of these Terms of Business, irrevocably instructed and mandated to pay to Tailormade Moves Ltd all sums due to Tailormade Moves Ltd, in accordance with these Terms of Business as an assignation to Tailormade Moves Ltd and a first charge on any free sale or proceeds arising from the other disposal of the property. If the account remains unpaid 10 days after the above date we will reserve the right to charge daily interest on the outstanding balance at 3% above the HSBC base rate until payment is received in full.
06 General Terms
We will fully observe the provisions of the Estate Agents Act 1979, the Property Misdescription Act 1991, Consumers, Estate Agentsand Redress Act 2007, Housing (S) Act 2006 and any other relevant legislation. In order to maximise the opportunities for a successful sale we may offer, with out obligation,mortgages, loans, investment, insurance, conveyancing, surveying and estateagency services to possible buyers. We will not discriminate against any person under any section of the Sex Discrimination, Race Relations or Disability Discrimination Acts. We have permission to place a ‘For Sale’ board at the property and advertise such a property as ‘Sold’, subject to conclusion of missives. We will not actively place the property on the market until such a time as the relevant Home Report is available for circulation or in accordance with all applicable legislation.
07 Additional Services
We intend to offer sellers and prospective buyers our full range of services, including, but not limited to Home Reports,surveys, valuations, lettings, removals, conveyancing, mortgages and financial services either directly or indirectly through associated firms for which acommission or fee may be earned.
08 Unoccupied Property
We will not be responsible for the maintenance,repair or insurance of the property during the period of this Agreement unless you have appointed us separately, in writing, to manage it.
Sole Selling Agents :You will beliable to pay remuneration to Tailormade Moves Ltd, in addition to any cost or charges agreed, if at any time missives for the sale of the property are concluded with a purchaser introduced by Tailormade Moves Ltd during the period of our Sole Agency, or with whom we had negotiations about the property during that period, or with a purchaser introduced by another.
Sole Selling Rights :You will be liable to pay remuneration to Tailormade Moves Ltd, in addition to any other costs of charges agreed, in each of the following circumstances:
1) If missives for the sale of the property are concluded in the period during which Tailormade Moves Ltd have sole selling rights even if the purchaser was not found by Tailormade Moves Ltd but by another agent or by another person, including yourself.
2) If missives for the sale of the property are concluded after the expiry of the period during which Tailormade Moves Ltd havesole selling rights but to a purchaser who was introduced to you during that period, or with whom Tailormade Moves Ltd had negotiations about the property during that period.
Ready, Willing and Able Purchaser :A purchaseris a ‘ready, willing and able purchaser’ if they are prepared and are able to conclude missives for the purchase of your property. You will be liable to pay remuneration toTailormade Moves Ltd, in addition to any other costs or charges agreed, if sucha purchaser is introduced by Tailormade Moves Ltd in accordance with your instructions and this must be paid even if you subsequently withdraw andmissives for the purchase of your property are not exchanged irrespective of your reasons.